1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. From around 2006 to December 2010, the Plaintiff supplied 193,217,374 won to B (the representative C; hereinafter “instant company”) with goods occupied and used for contact with the Plaintiff. The remaining goods are KRW 95,650,671.

B. However, on December 28, 2009, the instant company received a decision to discontinue rehabilitation procedures on November 5, 2010, as the Changwon District Court 2009hap87, which was decided to discontinue rehabilitation procedures.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The instant company, which caused the instant claim, established the Defendant with the same form and content as that of the company for the purpose of evading obligations.

Therefore, the defendant and the company of this case are substantially identical to the company of this case, and the defendant are obligated to perform the obligation to pay for the goods located in contact with the plaintiff of this case.

(b) (1) If an existing company establishes a new company substantially identical in the form and content of the existing company to evade its obligations, the establishment of the new company constitutes an abuse of the company system in order to achieve an unlawful purpose, such as evasion of obligations of the existing company.

In such a case, it is not permissible to assert that the above two companies have a separate legal personality for the creditors of the existing company. Thus, the creditors of the existing company can claim for the performance of their obligations against either of the above two companies. In this context, whether a new company is established with the intent to evade the obligations of the existing company shall be determined by comprehensively taking into account all the circumstances, such as management status or asset status at the time of closure of the existing company, the time of establishment of the new company, the existence and degree of assets useful for the new company, and whether there has been assets transferred from the existing company to the newly incorporated company, and whether there has been a reasonable price.